Question to the Attorney General:

To ask the Attorney General, whether she is taking steps to improve access to justice for victims of death by driving offenders.

The Crown Prosecution Service (CPS) recognise that deaths caused by driving offences are particularly tragic cases and ensuring that the victim’s family is appropriately informed and supported in the aftermath is incredibly important.

Crown Prosecutors must always adhere to the two-stage test set out in the Code for Crown Prosecutors when making charging decisions in any case. This means first objectively assessing whether the evidential threshold is met, and if this aspect of the test is satisfied, going on to consider whether a prosecution is required in the public interest.

The CPS operates a Victims’ Right to Review (VRR) Scheme which enables close relatives of a person whose death was directly caused by criminal conduct to seek a review of a CPS decision not to bring a prosecution, or to discontinue a case. This scheme has been designed to be as accessible as possible, with no obligation on a victim’s family to make specific representations relating to the CPS decision, it is sufficient to simply ask that the decision be reviewed.

The CPS also has specific guidance and practices which deliver an enhanced standard of service to bereaved families, in recognition of the particularly difficult nature of these cases. This will include offering a meeting with the victim’s family to explain any CPS decision not to charge, and at various other stages of a case.

Improving the experience of victims of crime is a priority for the CPS and last year it commissioned independent research to better understand what victims want and need; and to identify areas for improvement. On the 27 June, the CPS published its response to the research findings, setting out four key areas of action which will form the basis of a long-term programme of work to improve how it engages with victims.